Scott Richardson worked as a surveyor in Junction, Texas. He even
surveyed the 25 acres he and his wife, Martha, purchased.
When you're looking out over acres larger than a suburban, quarter-acre
lot, there is an outsized chance of error. It's just not good enough
that the current owner points to a property line "between that tree and
that creek bottom." If the real estate sheet says 25 acres, you want to
know the property is 25 acres and within what boundaries.
"Just because the deed says 25 acres does not mean it's there between
the recognized boundaries," Richardson says.
Technology gives you the opportunity before closing the deal to know
your boundaries almost exactly. But you should also know that a new
survey might be slightly different from the original just because
surveyors now use GPS systems and lasers, rather than tree lines and
fenceposts as markers.
"I can only say it's important to get a survey, and it's important to
have it done not just by a licensed surveyor. Do some research, and get
the best in the county," Richardson advises. "When a survey is done
properly, there's a lot of deed research, knowledge and groundwork that
goes into producing that survey map."
Unfortunately, surveys are not always conducted prior to the sale of
rural acreages. "Of the last four properties I've sold," says Chris
Martin of Runyan Realty in Paris, Ill., "I think two had a survey. The
majority of homes in rural America, or at least rural Illinois, don't
get surveyed."
It's not because of money that surveys are not done. A thorough survey
costs upward of $1,000. That's not prohibitive, given the money involved
in an acreage purchase. And if the sale involves a lender, a survey
will be required.
The survey uncovers encroachment issues such as a misplaced fenceline.
This, and other issues, are best resolvedand less expensively
fixedbefore closing. Tackling survey problems later means both court
time and lawyers.
Or worse, there may be nothing you can do. Most states recognize some
aspects of what is generally known as "adverse possession." It's a legal
act in which your property can fall into the possession of your neighbor
if you fail to assert your property rights.
An example might be a man who built fences 30 years ago on land you
assume is about to be yours. Even if the survey draws attention to the
discrepancy, there may be nothing you can do. Just make sure you are not
paying for that piece of property in the sale or in subsequent property
taxes.
STEP 7: PREVENT BUYER'S REMORSE >>
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